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(영문) 울산지방법원 2017.05.10 2017고단221

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 8, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and a fine of two hundred and five million won as a crime of violating the Road Traffic Act (dacting driving) at the Seoul Northern District Court on May 13, 2009.

On January 7, 2017, the Defendant, while under the influence of alcohol 0.124% during blood transfusion around 18:40, driven a c motor bicycle with approximately 1 km section from the roads near Ulsan-gu, Ulsan-ro, 369, the same gate-ro, and from the roads near the pharmacy to the front of the pharmacy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a summary order of the same kind of drinking alcohol), and a summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that a person has committed a crime committed during the period of suspension of execution of drinking three times;

3. A favorable circumstance: A confession, the defendant's use of Otoba seems to have been seriously reflected by means of public transportation, such as commuting to and from work by means of public transportation, and receiving education on alcohol addiction management; there is considerable interval between the last driving of Otoba and the last driving; the defendant is under the period of suspension of the execution; however, the defendant is a criminal who is not related to drinking.